The Government is planning to “revive” a three Bill-strong legislative package that would create a Bahamian Land registry, a Cabinet Minister has confirmed.
Khaalis Rolle, minister of state for investments, told Tribune Business that the Government was seeking to ‘dust off’ and reassess the Land Adjudication Bill, the Registered Land Bill and the Law of Property Bill.
All three were brought forward under the former Ingraham administration, and Mr Rolle said: “There was a project started before on a Land Registry, and we’re seeking to revive that. We’re going to look at it again to determine how best to execute.”
The Bills were developed under the former government, but were then sent back to the Law Reform Committee and other government agencies for further review, and to account for feedback and consultation provided.
Nothing has been heard of them since, but the Christie government committed in its 2012 election manifesto to moving towards a Land Registry system in the Bahamas, describing this as “a must”.
Mr Rolle’s comments indicate that the Government is now looking to make good on this promise. They also come after the Bahamas’ Chapter of the Caribbean Growth Forum (CGF), in its recent report on ways to improve this nation’s investment climate, called on the Government to move towards land registration.
Focusing on land reform, the Investment Climate Working Group said: “Investors prefer to invest in countries where they feel their assets are protected.
“At times, investors are faced with litigation issues as it relates to clear land entitlement. It should be noted that currently the Government will not consider any project that does not have clear title, or if there are any liens or encumbrances on the subject land.”
The report added: “In the Bahamas, land administration is based on the old common law deeds recording system. In a deeds system a title is not guaranteed, and this has generated a tremendous degree of uncertainty in the Bahamian property market.
“Proof of title and ownership in the Bahamas continues to be highly problematic. For example, the unauthorised home demolitions experienced of late and the unclear titles in generational land, which sometimes involves foreigners.”
As a result, the Working Group called for the Government to develop a land registration system, which would give landowners – and purchasers – security of ownership.
“Under a title system there is a guarantee of indemnity (security) regarding who owns each registered parcel of land,” the report said.
“This guarantee enhances a property’s marketability. For instance, title properties are generally not vulnerable to claims of adverse possession – a risk that still exists under a Deeds Register.
“Ensuring formal property rights and effective land management is fundamental to economic growth, national wealth and sustainable development.”
By Neil Hartnell
Tribune Business Editor
